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Last progress February 14, 2025 (11 months ago)
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Last progress January 23, 2026 (1 week ago)
Creates a new federal remedy that lets people who were trafficked ask a court to vacate convictions or expunge arrests that resulted from their being trafficked, adds a statutory trafficking‑duress defense for certain federal crimes, requires reports and training, and protects the use of some federal grant funds for post‑conviction legal help. The bill sets procedures, confidentiality rules, timelines for hearings, and required remedial actions (including sealing records and sentence reductions when offenses were direct results of trafficking), while preserving existing crime victims’ rights.
Adds a new section 3771A to Title 18, Chapter 237 of the United States Code creating a federal procedure for motions to vacate convictions, expunge arrests, and consider mitigating factors for victims of trafficking.
Defines key terms used in the section: 'child' (under 18), 'covered prisoner' (person convicted of a level A or B offense who was sentenced to imprisonment and is or was imprisoned), 'Federal offense', 'level A offense' (Federal offense that is not a violent crime), 'level B offense' (Federal violent crime, but does not include violent crimes where a child was the victim), 'victim of trafficking' (as defined in 22 U.S.C. 7102), and 'violent crime/crime of violence' (as defined in section 16(a) of Title 18).
A person convicted of a level A offense (or their attorney) may move the sentencing court to vacate the judgment of conviction if the offense was committed as a direct result of the person having been a victim of trafficking.
A person arrested for a level A offense (or their attorney) may move the district court for the district where they were arrested to expunge all records of the arrest if the conduct or alleged conduct that resulted in the arrest was directly related to the person having been a victim of trafficking.
A person arrested for a level B offense (or their attorney) may move the district court to expunge all records of the arrest if the conduct or alleged conduct was directly related to being a victim of trafficking and certain additional conditions are met (the text explicitly lists being acquitted and the Government not pursuing or moving to dismiss charges). fileciteturn0file2turn0file6
Who is affected and how:
Survivors of human trafficking: The bill directly benefits people whose arrests or convictions were caused by trafficking. They can ask a federal court to vacate convictions, expunge or seal arrests, and seek sentence reductions when offenses were directly caused by trafficking. Those who could not or did not raise trafficking/d uress earlier are protected from procedural bars and can still be considered for relief or for victim‑aid programs.
People currently serving federal sentences or with federal records: Individuals with convictions or arrests that were the product of trafficking may obtain relief that improves criminal records, reduces sentences in some cases, and removes barriers to employment, housing, and benefits.
Federal courts and judges: Courts will see new post‑conviction motions and will need to apply the statute’s evidentiary, confidentiality, and remedial rules; judges must order relief when statutory standards are met. This will increase case processing, require careful factfinding, and demand balancing of confidentiality with due process for all parties.
U.S. Attorneys and DOJ components: U.S. Attorneys must report on motions and engage with training obligations; the Attorney General must report to Congress about training. The Department of Justice will handle processing, defense of convictions where appropriate, and coordination with victim‑services programs.
Federal grant recipients and legal services providers: OJP/OVW grant recipients who provide legal representation gain explicit authority to use eligible grant funds for post‑conviction relief work. Legal services organizations and defenders may see increased demand for representation and must adapt to new filing opportunities.
Victim service programs and reentry supports: Clearing records and reducing sentences can improve survivors’ access to services, housing, employment, and federally funded victim assistance. Programs may need to expand capacity to help survivors identify eligible convictions and navigate motions.
Administrative burden and resource implications: Courts, U.S. Attorneys, and service providers will likely face increased workload (motions, hearings, reporting, and training). The Act removes prohibitions on certain grant uses but does not add appropriations, so actual scale of representation will depend on available funding and grant priorities.
Public safety and criminal justice stakeholders: Some stakeholders may raise concerns about reopening convictions or the evidentiary showing required; courts retain factfinding roles and existing victims’ rights remain preserved. The GAO review is intended to provide data to inform whether the remedy works as intended and whether further legislative or administrative changes are needed.
Read twice and referred to the Committee on the Judiciary.
Last progress July 10, 2025 (7 months ago)
Introduced on July 10, 2025 by Kirsten Gillibrand